Morgan Stivers v. National American Insurance Company

247 F.2d 921 Morgan STIVERS, Appellant, v. NATIONAL AMERICAN INSURANCE COMPANY, a corporation, Girard Insurance Company of Philadelphia, Pennsylvania, a corporation, The Insurance Company of the State of Pennsylvania, a corporation, Queen Insurance Company of America, a corporation, and Does I to X, inclusive Appellees. No. 15230. United States Court of Appeals Ninth Circuit. Aug. 15, 1957, Rehearing Denied Sept. 18, 1957. Simpson, Wise & Kilpatrick, George E. Wise, Harwood Stump and Henry T. Logan, Long Beach, Cal., for appellant. Augustus Castro, San Francisco, Cal., for appellees. Before LEMMON, CHAMBERS, and HAMLEY, Circuit Judges. HAMLEY, Circuit Judge. 1 The owner of a fruit-packing plant brought this action against four fire insurance companies which had rejected fire-loss claims filed under policies which they had issued. After a nonjury trial, judgment was entered for defendants. Plaintiff appeals. 2 The question for determination here is whether the policies were in suspension at the time of the fire because of asserted noncompliance with policy provisions relating to occupancy of the insured buildings. The trial court held that the policies were in suspension. 3…